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This Agreement shall be governed by the laws of the State of Florida. If a dispute <br /> between the parties arises out of or relates to this Agreement, the breach thereof. or any <br /> performance or obligation due hereunder, and if the dispute cannot be settled through <br /> direct negotiation, the parties agree first to try in good faith to settle the dispute by <br /> mediation administered by a mediator certified by the Florida Supreme Court before <br /> resorting to litigation. Venue for any lawsuit brought by either party against the other <br /> party or otherwise arising out of this Contract shall be in Indian River County, Florida, or <br /> in the event of federal jurisdiction, in the United States District Court for the Southern <br /> District of Florida. <br /> 4. Section XXVI added. Section XXVI is hereby added to the Master Agreement to read <br /> as follows: <br /> SECTION XXVI — REMEDIES FOR BREACH OF TERMS, SANCTIONS AND <br /> PENALTIES <br /> A. The occurrence of any of the following shall constitute a default by <br /> SURVEYOR and shall provide the COUNTY with a right to terminate this <br /> Agreement under Section XII in accordance with the requirements of this Section, <br /> in addition to pursuing any other remedies which the COUNTY may have under <br /> this Agreement or under law: <br /> 1. if in the COUNTY's opinion SURVEYOR is improperly performing work or <br /> violating any provision(s) of the Agreement; <br /> 2. if SURVEYOR neglects or refuses to correct defective work or replace <br /> defective parts or equipment, as directed by COUNTY pursuant to an inspection; <br /> 3. if in the COUNTY's opinion SURVEYOR's work is being unnecessarily <br /> delayed and will not be finished within the prescribed time; <br /> 4. if SURVEYOR assigns this Agreement or any money accruing thereon or <br /> approved thereon, in violation of the requirements set forth in Section XV; or <br /> 5. if SURVEYOR abandons the work, is adjudged bankrupt, or if he makes a <br /> general assignment for the benefit of his creditors, or if a trustee or receiver is <br /> appointed for SURVEYOR or for any of his property. <br /> B. COUNTY shall, before terminating the Agreement for any of the foregoing <br /> reasons, notify SURVEYOR in writing of the grounds for termination and provide <br /> SURVEYOR with seven (7) calendar days to cure the default to the reasonable <br /> satisfaction of the COUNTY. <br /> C. If the SURVEYOR fails to correct or cure within the time provided in the <br /> preceding Sub-Section B, COUNTY may terminate this Agreement as set forth in <br /> Section XII. Upon receiving such notification, SURVEYOR shall immediately <br /> cease all work hereunder and shall forfeit any further right to possess or occupy <br /> the site or any materials thereon; provided, however, that the COUNTY may <br /> authorize SURVEYOR to restore any work sites. <br /> D. The SURVEYOR shall be liable for: <br /> Page 2 of 4 <br /> 1 <br />